Professional Conduct

Summary - some of the key points:

To disclose all relevant facts to the client.
To withdraw where there is a conflict of interest unless the conflict has been disclosed to the client
Not to act dishonestly or deceitfully or otherwise in a manner which shows moral unfitness or brings the Association into disrepute.
Not to discriminate against a client or tenant on grounds of race, colour, creed or disability.
Not to tout for business on property currently under the instruction of another agent. General mail shots and mailing to previous clients is accepted.

Being a member

Provide an annual audit confirming compliance with the Association's Bye Laws which include mandatory reconciliations between the client bank account and ledger balances
Ensure that at least one person in each branch has passed an exam or qualification approved by ARLA
Make it clear to the landlord that it is his duty to establish that he has the right to let the property
Provide and agree their terms and conditions to their client before the commencement of the tenancy
Take up references on prospective tenants
Draw up an appropriate Tenancy Agreement
Have a secure system for retaining the keys to the property
Collect an appropriate deposit (or letter of guarantee as appropriate) and notify the tenant who is holding it and in what capacity

Members should advise their client of:

• The benefits of an inventory
• The costs to be incurred
• Their obligations with regard to taxation
• All relevant legislation and regulatory requirements (eg safety)
• The late or non-payment of rent
• All sensible offers which have been made

Complaints

Members should deal with all complaints promptly, politely and efficiently via their internal complaints process.

ARLA has a complaints procedure which involves the consideration of complaints against members (but not tenancy disputes between landlords and tenants) by a committee of the Association which has the power to:

• Fine a member
• Suspend a member
• Expel a member
• Where an ARLA member is also registered with the Property Ombudsman Service
• (TPOS) www.tpos.co.uk, a member of the public
• may refer a complaint to that organization for consideration once the member's
• internal complaints handling procedure has been exhausted.

TPOS has the ability

• to make a financial award should an agent be found not to have complied with the requirements of the Code of Practice for Letting Agents.